Everything that has been created in commerce is fiction and I mean EVERYTHING. Because commerce is fictional, nothing within that commercial world can be real, including the statutes. To operate my business entity lawfully in commerce, I must use a “legal entity/legal name” that has been registered properly with the government entity that created that commercial fiction in the first place.
The law requires everyone do this, not just I. Very few if any do however and it is all due to ignorance of the law.
The law created in each and every state in the “United States” require this legal name registration and in California, it can be found in Section 17900 of the Business and Professions Code (Fictitious Business Name Statement). The government agency that generally registers all legal names in this state (in the United States) is the Secretary of State (SOS) but in California the County Clerk handles that duty under the auspice and authority of the SOS.
The document that I filed to register my legal name is called an “Assumed Name Certificate” (ANC) and I filed it with the SOS of Minnesota. This document is official and valid evidence proving that my business entity is properly registered with the SOS as the state requires to operate lawfully in commerce.
So then, what “legal name” used in commerce is everyone required to file?
The legal name/legal entity found within the creation of the “Certificate of Live Birth” which of course is also issued by the Secretary of State. By properly filing the ANC with the SOS, this provides my registered business entity a status of “Active and In Good Standing”.
This means my business entity can defend itself in court as well as sue other entities with standing. In essence, the ANC is the “game piece” that I use allowing me to conduct business lawfully in commerce while demonstrating that I am the living man that exists outside of that fictional Continue reading “EVERYTHING IN COMMERCE IS FICTION (ANC)”
Don’t be fooled by the appearances. The “STRAWMAN” argument is an opportunity to use as a forum to expose a vital truth about how men, women and children are legally converted into mere things; HUMAN RESOURCES and raw materials for exploitation to profit a relatively few beneficiaries of a perverted government monopoly.
Take into account (no pun intended) that to visualize the fact that the “curious practice of mixing real names with fictitious names” is not unique to Oregon. As nearly as I can determine, it is practiced by preparers of birth certificates in all states. And it has been going on for at least 16 years – nationwide. Knowing that, you will also realize that the source of the command for such a “curious practice” is at the national, or even the international, level. The practice is systemic.
One other thing that is not made perfectly clear in the following is the fact that the “names” of “artificial persons,” such as corporations and “assumed business names,” are written in all UPPERCASE letters. Since they are fictional or fictitious “things,” they require fictitious names.
Don’t confuse a fictitious name with an alias (alias dictus). “Alias” is when one is known by two or more different names. The term refers only to natural persons, not to artificial “persons.” A natural person may be known by as many names as he chooses, for any lawful reason – or for no reason. For example: so long as he doesn’t use different names with the intention to commit fraud, “James Smith” may lawfully also be known as “John Jones.” An alias, being a name of a natural person, is always capitalized. To the contrary, “a fictitious name is a counterfeit, feigned or pretended name taken by a person, differing in some particular from his true name, with the implication that it is meant to deceive and mislead” (Black’s Law Dictionary, Fifth Edition). A fictitious name may be assumed by a natural person. But the “name” of an artificial “person” is ALWAYS a fictitious name, and every attorney will acknowledge that the names of artificial “persons” are always fictitious names.
Real names are always capitalized, that is, the first letter of the name is capitalized, and the subsequent letters are written in lowercase. Fictitious names are generally written in all uppercase letters, so they can be distinguished from real names. Continue reading “What’s in a NAME?”